VIBHA AVASTHI Vs. RAJASTHAN UNIVERSITY

JUDGEMENT

(1.) This appeal is directed against the judgment of learned Single Judge dated 01.02.2019, whereby the writ petition filed by the appellant/writ-petitioner has been dismissed. The appellant/writ-petitioner in the writ petition has challenged the communication dated 29.09.2018 sent to him by the Controller of Examination and the letter dated 29.09.2018 issued by the office of the Dean whereby the first MBBS (Main) examination of the appellant/writ-petitioner has been cancelled and she has been further debarred for one subsequent examination, if held once a year or two subsequent examinations, if held twice a year, on the allegation of using unfair-means.

(2.) Factual matrix of the case is that the appellant/writ- petitioner appeared in the First MBBS (Main) examination held on 16.07.2018 at 10:00 AM to 01:00 PM at the Government College, Jhalawar, in the subject Biochemistry Paper-I. The Invigilator found a photostat copy of the paper chit in her pencil box at 12:45 PM on that date and reported the matter to the Center Superintendent, who, in turn, sent the report to the respondent Rajasthan University of Health Sciences (for short, 'respondent- RUHS') on 16.07.2018. The subject expert submitted his report on 30.07.2018, in which he found that the caught material was used by her while answering question no.7(b). The Unfair-means Inquiry Committee provided an opportunity to the appellant-writ- petitioner on 02.08.2018 and recommenced punishment of cancellation of the given examination and further debarment from examination for one year. The Controller of the Examination of the respondent-RUHS vide letter dated 29.09.2018 communicated the recommendation of the Unfair-means Inquiry Committee to the Principal of the College, wherein it was mentioned that such recommendation was subject to approval by the Board of Management. The Board of Management in its 121 st Meeting held on 01.10.2018 approved the recommendation of the Unfair-means Inquiry Committee. The learned Single Judge by the impugned judgment has upheld the decision of the respondent-RUHS.

(3.) Mr. A.K. Sharma, learned Senior Counsel appearing for the appellant/writ-petitioner, has submitted that when the appellant/writ-petitioner appeared in the aforesaid Board on 16.07.2018, the Invigilator came to her table and asked about the paper chit, which was thrown by someone from behind. The Invigilator seized the answer-sheet of the appellant/writ-petitioner along-with the paper chit. The Invigilator himself when he reported the matter to the respondent-RUHS that at the time the paper chit was seized by him, the appellant/writ-petitioner was not found copying. The appellant/writ-petitioner made a representation to the Controller of Examination on 21.07.2018 stating the correct factual position, in which she asserted that the paper chit did not belong to her and that she did not use the same. The Controller of Examination by communication dated 27.07.2018 directed the Principal of the College to inform the appellant/writ-petitioner and other students to appear before the Unfair-means Inquiry Committee on 02.08.2018. The Dean of the Jhalawar Medical College on 28.07.2018 informed the appellant/writ-petitioner about the aforesaid date of hearing, but the decision of debarring the appellant/writ-petitioner had already been taken by such Committee even prior to obtaining the report from the subject expert. The appellant/writ-petitioner was kept completely in dark about the report of the subject expert. She was thus prevented from explaining the circumstances to make her comments thereupon. The Unfair-means Inquiry Committee thus did not follow the principles of natural justice inasmuch as the copy of the report was not supplied to her. The appellant/writ- petitioner was merely required by the Unfair-means Inquiry Committee to solve one question, which she correctly answered.